$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 877/2025 K. BABU @ YUSUF .....Petitioner Through: Mr. Akshay Bhandari, Mr. Kushal Kumar, Mr. Anmol Sachdeva, Ms. Megha Saroa and Mr. Janak Raj Ambawat, Advocates versus STATE .....Respondent Through: Mr. Raj Kumar, APP for the State with Ms. Naveen Kumari, Mr. Pradeep Rana and Mr. Raj Kamal, Advocates with SI Suman. Mr. M. J. Michael and Ms. Greeshma Jose K, Advocates for complainant. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA O R D E R % 20.05.2025 CRL.M.(BAIL) 825/2025 1. By way of the present application, the applicant seeks extension of interim bail for a period of two months in case arising out of FIR No. 62/2020, registered at Police Station Sarita Vihar, Delhi for commission of offence under Sections 376/354/506 of the Indian Penal Code, 1860 (hereafter ‘IPC’) and Sections 6/8 of the Prevention of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’) 2. The learned counsel appearing on behalf of the petitioner states that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:21:37 the surgery of the petitioner herein has been scheduled for 03.06.2025 and he is also suffering from various ailments and needs to get admitted in the hospital on 23.05.2025. 3. The learned APP appearing on behalf of the State does not dispute that the surgery of the present applicant/petitioner is scheduled for 03.06.2025. 4. In the meantime, this Court had also called for a report from Medical Superintendent of AIIMS, Delhi, which has been received by this Court. The contents of the said report are set out below: “Through proper channel Subject: Opinion on verified documents of K. Babu Madam This is with reference to Disp no. 717/SHO/SVR dated 06/05/2025. The condition of patient Mr. K. Babu is stable. The patient needs surgery for umbilical hernia, which is an elective surgery. At present there is no urgent need for surgery or hospitalization. Thank you.” “Subject: Kindly opine the following as per your verified documents of K Babu in the aforesaid case With reference to your letter No. F.4-IV/B/2005/Hosp.(MR)Misc. dated 07.05.2025, following are the answers of the questions. Q.1 Whether the condition of aforesaid patients is stable or not as per the current medical condition? Ans. Stable Q.2 And if the patient’s condition is critical, then what is the percentage of criticality Ans. Not applicable Q.3 Whether the patient need to be admitted to the hospital or not for his condition? Ans. No Q.4 Whether the patient need an operation related to his current medical condition? Ans. No.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:21:37 5. Thus, it is clear that the surgery of the present applicant/petitioner is scheduled for 03.06.2025. However, it is at the same time also mentioned that the surgery to be conducted is an elective surgery and the petitioner herein is in stable condition, which points out that he does not need hospitalisation. 6. Since the surgery of the applicant is to be conducted is not an emergency surgery and is scheduled for 03.06.2025, coupled with the fact that the applicant has been on interim bail on medical grounds, since 12.03.2025, this Court deems it appropriate to direct, considering that the medical condition of the accused having been opined to be stable, that the accused shall surrender by tomorrow i.e. 21.05.2025 before the Jail Authorities. As the surgery of the applicant is to be conducted on 03.06.2025, he shall be released on interim bail on 30.05.2025, on same terms and conditions as imposed vide order dated 12.03.2025. The applicant shall thereafter surrender before the Jail Authorities on 15.06.2025. 7. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 20, 2025/ns Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 00:21:37